In the latest Weekly Wright Report:

Changes to the Law: Expedited Hearings For Relocation of a Child

By: Mollie G Caplis

Litigating family law matters is sometimes a necessity and parties soon come to appreciate that the court process moves slowly or, cast in a more positive light, not with immediacy.  There are some exceptions, such as in domestic violence cases and in rare cases, emergency hearings are held when allegations are made that a child is at imminent risk of serious harm while in a parent’s care.  But generally speaking, I advise clients to expect to receive a hearing in a custody case roughly one year from the date of filing of the initial complaint.  That timeline is shorter in some counties and longer in others, but it’s a good rule of thumb.

From time to time, a parent wishes to relocate within the State of Maryland or to a different state, and such a move would prevent the parties from being able to follow the existing access schedule.  Often, a contemplated move is prompted by a new employment opportunity.  As one can imagine, it is very difficult to inform a potential employer that you cannot accept a position for a year until you have litigated a custody case.  Effective October 1, 2023, changes in a Maryland statute are going into effect that provide for expedited hearings in the case of a contemplated relocation of a child.  Initiated in furtherance of assuring the safety of children, Maryland Family Law Code 9-106 will be modified to provide that if a party files a petition regarding a proposed relocation that would significantly interfere with the other party’s ability to maintain the predetermined parenting time schedule, the court shall set a hearing on the petition on an expedited basis.

There is no bright line test as to how far a contemplated move must be in order for it to significantly interfere with the other parent’s ability to maintain the access schedule.  A prior version of the amendment included a specific number of miles from a parent’s residence, but that language was stricken, so this particular issue will be considered on a case by case basis.  Further, while it is difficult to provide a concrete timeline as to how soon a party can expect to have a hearing, the term, “shall” means that the court must set a hearing on the petition on an expedited basis.  If your potential move is prompted by a new job offer, your petition should provide how long your employer’s offer is open, which information could be helpful for scheduling purposes.

If you or your co-parent are contemplating a relocation that would impact your existing access schedule, please do not hesitate to contact me at mcaplis@wcslaw.com or 410.659.1325.